In 1995 the Joint Railroad Craft Scholarship Foundation was established by John Mullen, Brotherhood of Locomotive Engineers General Chairmen on the BNSF, to provide financial aid to children of active, retired or deceased railroad employees who would be unable to attend college without such assistance.

This scholarship program is available to members of all crafts from all railroads. To receive an application for the upcoming year, please contact the Santa Fe Committee office by calling 817-426-9003, or faxing to 817-426-9006, or writing to 611 North Broadway, Joshua, Texas 76058.

If interested, you need to contact the office right away as the deadline for the application to be returned is April 15, 1999 for the scholarships to be awarded for the 1999/2000 school year. The applications will be reviewed and scholarships granted by the Foundation Committee in a meeting in May 1999.

The number of people dedicated to this worthy cause increases every year as does the number of fund raising events.

Clyburn Appointed to STB

On December 18, 1998, President Clinton announced the recess appointment of William Clyburn, Jr. as a Member of the Surface Transportation Board. Clyburn was nominated on September 2, 1997. The STB was created in 1995 as the successor to the former Interstate Commerce Commission (ICC) with regulatory powers focused primarily on the railroad industry.

On January 6 Clinton resubmitted his nomination by sending an Intent to Nominate to the 106^th Congress. At that time he also sent the name of Republican Wayne Burkes as the nominee for the remaining vacancy on the STB Board. Burkes was a State Transportation Commissioner for the State of Mississippi. A confirmation hearing on Burkes has been scheduled for February 9 before the Senate Commerce, Science and Transportation Committee.

Clyburn, of South Carolina, was the Commerce Counsel to Senator Chuck Robb (D-VA). Prior to joining Senator Robb, Clyburn served as Staff Counsel to the U.S. Senate Committee on Commerce, Science and Transportation from 1993 to 1995. From 1992 to 1993, he served as a Law Clerk to the Honorable Rodney A. Peeples, 2^nd Circuit Court in South Carolina. Clyburn received his B.S. degree from the Georgia Institute of Technology and his J.D. from the University of South Carolina.

At the time of the appointment, the White House said that "it is imperative that the STB," which consists of three members and had two vacancies, "have a quorum to decide many important issues in the immediate future. Without another member the STB is greatly hindered in fulfilling its mission."

"We look forward to working with new STB member William Clyburn, who will bring a fresh perspective to an agency whose decisions have a dramatic affect on working men and women," said AFL-CIO Transportation Trades Department President Sonny Hall. "For too long the STB has strayed off course by failing to fulfill its legislative mandate to serve the overall public interest. That failure is harming thousands of workers who have seen their rights and jobs threatened at every turn.

"It is our sincere hope that the Board will begin the new year by examining the policy direction of the STB with an eye toward ensuring fairness and balance on those matters that affect transportation employees."

BMWE Wins Job Protection for Soo Line and Wisconsin Central Employees

On May 10, 1996 the BMWE Grand Lodge and the Soo Line System Division filed a complaint with the STB against the Soo Line Railroad Company and the Wisconsin Central Ltd. The BMWE asserted that Soo and WCL entered into a lease transaction on October 5, 1995, without obtaining prior approval or an exemption from the ICC in violation of former ICC regulations.

In finding for the BMWE, the STB decision effective January 29, 1999, stated that "WCL's failure to obtain prior approval from the ICC appears to be inadvertent" and "requiring WCL/Soo to file an application or exemption request for the temporary lease at this time would only serve to further delay relief for employees that may have been adversely affected by the new apparently expired transaction.

"Therefore, in order to facilitate implementation of employee benefits," the STB granted a retroactive exemption, with the condition that the standard employee protective conditions in Mendocino Coast be imposed.

"Wisconsin Central is a carrier that, in our view, has been hostile to labor. So it is particularly gratifying that we won labor protection for our members who lost work to an anti-union carrier," said BMWE General Counsel Bill Bon.

District Court Dismisses Damage Claim

In August of 1995 BMWE members struck CSX Transportation over issues the union deemed to be "major disputes." Under the Railway Labor Act, "major disputes" are issues that involve a carrier's unilateral change to agreements. CSXT went to the United States District Court in Jacksonville, Florida and obtained an injunction to stop the strike.

Not satisfied that the union suspended strike activity based on the judge's order, the railroad continued its lawsuit with a demand that the union compensate the railroad for its alleged losses resulting from the strike, which the court determined to be over "a minor dispute" (that is, an issue involving interpretation or application of existing collective bargaining agreements which are subject to mandatory arbitration under the Railroad Labor Act). On February 1, 1999, the district court finally ruled on the union's motion to dismiss the damages claim.

Throughout the 1990s, railroads have attempted to persuade federal judges to create money damage remedies where unions undertake strike activity, and the judge determines that the underlying issue was a "minor dispute." The railroads' goal is to effectively outlaw strikes over "major disputes" for, if a judge were to determine, after the fact, that the dispute was really a grievable issue, then the union would expose itself to hundreds of thousands or even millions of dollars in damages.

Obviously, this would risk the union's treasury, and if any such a case were to be lost, the organization's ability to represent its members would be undermined. Therefore, the decision of Judge Ralph Nimmons, Jr. adds further to court precedent supporting the union position: ...the court is persuaded by the reasoning of the Marquar majority...and thus the court holds that damages are not an appropriate remedy for the violations ... alleged in this case. As the reasoning of the Marquar majority is fully and clearly set forth therein, the court need not reiterate such here."

The district court followed the reasoning of the Court of Appeals for the Sixth Circuit in CSXT v. Marquar. In that case, BMWE General Counsel, William Bon argued that Congress did not intend to permit carriers to obtain strike damages, and that case has been followed by several other district courts since it was handed down in 1992.

"This is a good outcome," said Bon. "For years, the carriers have tried to beat back the result in the Marquar case. They would like to outlaw the strikes over major disputes that occur between bargaining rounds. This decision means that rail unions can still consider the use of self help when carriers walk away from their contractual obligations."

TCU 100^th Anniversary

What began on December 29, 1899 as a complaint lodged by 33 railworkers has brought the Transportation Communications Union to their centennial year. "Challenging the future with a century of pride!" is the slogan TCU has taken has they celebrate their 100^th anniversary all year long.

"On a cold winter's evening shortly after Christmas, 33 railroad clerks gathered in the back room of Behrens' cigar shop in Sedalia, Missouri. That night, December 29, they formed Local Lodge Number 1 of a Union they named the Order of Railroad Clerks of America. Since then, men and women from many different crafts have brought their dedication and strength" to the TCU.

In 1919, it became the Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employes. The name was expanded more when, in 1967, convention delegates added the word "Airline" -- making the Brotherhood of Railway, Airline, Steamship Clerks, Freight Handlers, Express and Station Employes, otherwise known as BRAC.

But in the years since then, TCU has welcomed into its ranks the members of other labor organizations -- among them the Transportation-Communication Employes Union (once known as the Order of Railroad Telegraphers), the United Transport Service Employees Union, the Railway Patrolmen's International Union, the Brotherhood of Sleeping Car Porters, the American Railway and Airway Supervisors Association, the Western Railway Supervisors Association and the Brotherhood of Railway Carmen.

"Naturally, as these other groups merged, strengthening the union and building it in its diversity, the question of adding their names kept coming up. Many thought that rather than making the name even more unwieldy, we ought to find a way to simplify, to express our unity," says TCU's New Member Guide.

"Delegates to the 1987 Convention found the solution," The Transportation Communications International Union -- known as TCU -- which now includes clerks, carmen, computer programmers, skycaps, redcaps, on-board service workers, secretaries, supervisors, truck drivers, accountants, yardmasters, intermodal workers, police officers, grain handlers, reservations agents, transit workers and more.

Representatives of all of these will gather in Las Vegas, Nevada in June for TCU's 31^st Regular and 17^th Quadrennial Convention and to celebrate their anniversary by "challenging the future with a century of pride!"

New President and CEO at Amtrak

On December 21, 1998, at Union Station, the Board of Directors for Amtrak (National Railroad Passenger Corporation) announced the selection of George Warrington, who had been serving as Acting President of Amtrak since December 1997, as the company's new President and Chief Executive Officer.

Amtrak was created by the federal government in 1971 to take over the rail passenger operations of the private railroads.

In a press release, Amtrak said, "Mr. Warrington is responsible for the nation's intercity passenger rail carrier, which operates 263 trains per day over a 22,000-mile system and Motorcoach service serving more than 500 destinations in 45 states, earning $1.7 billion in total revenues. Amtrak is also the contract operator of seven regional commuter rail systems.

"Including Amtrak's own intercity trains and contract commuters, Amtrak carries more than 75 million passengers a year. Headquartered in Washington, DC, Amtrak employs over 24,000 workers and maintains business units in Chicago, Philadelphia and Oakland."

Warrington was born in 1952 and received his B.A. and M.A. degrees from Syracuse University.

AFL-CIO Union Life Resort

The AFL-CIO West Valley Retired Union Club Lifecare Center is an Arizona non-profit corporation that was formed to provide a Lifecare Center for union retirees 55 years of age and older.

On November 14, 1998, the Club held a groundbreaking ceremony at 103^rd Avenue and Olive Avenue in Peoria, Arizona, where the 550-unit life care resort is now being built on 35 acres. The center is being constructed by unionized tradespeople and when it is completed, its employees will all be union members.

The life care center will feature 450 one and two bedroom apartments designed for independent living. Each apartment will have two bathrooms. Assisted living support will be available as needed from the resort's own home health care staff at no charge. There will also be a 50-unit skilled nursing unit and a 50-bed unit offering care to residents who suffer from Alzheimer's disease.

Prices for the apartments are expected to range from $70,000 to $130,000. Additional maintenance fees will provide meals served in a restaurant setting; access to a snack bar, all utilities except telephone; housekeeping and linen service; and medical needs. An on-site recreation center will offer a range of activities, including a swimming pool, jacuzzi, craft and wood shops, card and game room, miniature golf and shuffleboard.

Applications are now being accepted and occupancy is expected in January 2000. For further information, call 602-933-1706 or 933-1740, or write AFL-CIO Union Life Resort, 9009 103^rd Avenue North, Sun City, Arizona 85351.

Look For The Union Label

"Labor's commitment to use union-made products and services is not only a long standing principle of labor solidarity, but also part of building our movement and preserving our members' jobs," says Jay Mazur, President of UNITE (Union of Needletrades, Industrial and Textile Employees).

Because UNITE is often asked for assistance in finding unionized companies that can make customized promotional items, such as t-shirts and hats, in relatively small quantities, they developed a new promotion product directory. This directory can help guide people to union-made clothing that can be customized for use by local unions, labor organizations and other allied organizations.

A copy of the directory is on UNITE's website -- http://www.uniteunion.org -- in the union label section. You can also request a copy by calling UNITE's Union Label Department 212-354-2570, faxing 212-265-3415 or writing 1710 Broadway, New York, NY 10019-5299.

Union Membership Rises

Based on new data recently released from the Bureau of Labor Statistics, a January 29 AFL-CIO press release advised that union membership rose in more than half the States in 1998 and climbed by over 100,000 nationwide. The number of union members in the U.S. rose from 16.1 to 16.2 million.

The percentage increase in more than half the states of its overall workforce being unionized is in contrast to the national trend which showed that although the number of union members climbed, the share of the workforce belonging to unions declined from 14.1 percent to 13.9 percent. This was, however, a smaller decline than in the previous year.

The overall rise in union membership is due in large part to aggressive organizing efforts of unions. Unions organized more and won more in the first half of 1998 compared to the first half of 1997, according to a study by the Bureau of National Affairs.

A closer look at individual sectors of the economy shows that unions brought in at least 373,000 new members-- in the service, communications and utilities, and government sectors. This gain, however, was offset by union job losses in such sectors as manufacturing.

"This new data confirms that today's unions are on the right track," said AFL-CIO President John Sweeney. "Our commitment and dedication to organizing, at all levels of the labor movement, is beginning to bear fruit -- but we still have a long way to go. We need to stay focused and redouble our efforts."

Crown Petroleum Boycott

Three years ago, OCAW (now PACE) members at the Crown Petroleum Refinery in Pasadena, Texas were locked out. Despite OCAW's intensive comprehensive campaign for justice to its members, there is still no settlement in sight.

In addition to union busting tactics being implemented by Crown, other issues which touch this campaign include race and gender discrimination, as well as environmental racism, where largely Latino neighborhoods are being polluted with environmental wastes from the Pasadena refinery.

While support for the AFL-CIO boycott of Crown gasoline stations and convenience stores (Zippy Mart and Fastfare) is growing, most of the union's efforts have concentrated in Baltimore, the location of Crown's main market area and its corporate headquarters. Other market areas of Crown are located in the south and include DC, Alabama, Georgia, North Carolina, South Carolina and Virginia.

You can access a list of these stations, along with other useful information about the Crown boycott via the Internet--the address is http://www.crownboycott.org.